Case notes / Income available for support

In re Marriage of Regnery

Citation
214 Cal.App.3d 1367
Court
California Court of Appeal
Decided
1989

Summary

The court held that before income can be imputed to a parent based on earning capacity, there must be evidence of both the ability to work, including qualifications and health, and the opportunity to work, meaning an employer willing to hire.

What it means for the financial analysis

Regnery frames what an earning capacity analysis must prove. Income figures alone are not enough; the analysis has to tie the imputed amount to realistic, available work.

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